Haw. Code R. §§ 11-266.205 - Standards applicable to the storage of solid waste military munitions
(a) Criteria for hazardous waste regulation
of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste under
40 CFR Part 261, are listed or identified as a hazardous waste (and thus are
subject to regulation under 40 CFR Parts 260 through 279), unless all the
following conditions are met:
(i) The waste
military munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be
subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB).
(iii) The waste
military munitions must be stored in accordance with the DDESB storage
standards applicable to waste military munitions.
(iv) Within 90 days of August 12, 1997 or
within 90 days of when a storage unit is first used to store waste military
munitions, whichever is later, the owner or operator must notify the Director
of the location of any waste storage unit used to store waste military
munitions for which the conditional exemption in paragraph (a)(1) is claimed.
(v) The owner or operator must
provide oral notice to the Director within 24 hours from the time the owner or
operator becomes aware of any loss or theft of the waste military munitions, or
any failure to meet a condition of paragraph (a)(1) that may endanger health or
the environment. In addition, a written submission describing the circumstances
shall be provided within 5 days from the time the owner or operator becomes
aware of any loss or theft of the waste military munitions or any failure to
meet a condition of paragraph (a)(1) of this section.
(vi) The owner or operator must inventory the
waste military munitions at least annually, must inspect the waste military
munitions at least quarterly for compliance with the conditions of paragraph
(a)(1) of this section, and must maintain records of the findings of these
inventories and inspections for at least three years.
(vii) Access to the stored waste military
munitions must be limited to appropriately trained and authorized personnel.
(2) The conditional
exemption in paragraph (a)(1) of this section from regulation as hazardous
waste shall apply only to the storage of non-chemical waste military munitions.
It does not affect the regulatory status of waste military munitions as
hazardous wastes with regard to transportation, treatment or
disposal.
(3) The conditional
exemption in paragraph (a)(1) of this section applies only so long as all of
the conditions in paragraph (a)(1) of this section are met.
(b) Notice of termination of waste
storage. The owner or operator must notify the Director when a storage unit
identified in paragraph (a)(1)(iv) of this section will no longer be used to
store waste military munitions.
(c)
Reinstatement of conditional exemption. If any waste military munition loses
its conditional exemption under paragraph (a)(1) of this section, an
application may be filed with the Director for reinstatement of the conditional
exemption from hazardous waste storage regulation with respect to such munition
as soon as the munition is returned to compliance with the conditions of
paragraph (a)(1) of this section. If the Director finds that reinstatement of
the conditional exemption is appropriate based on factors such as the owner's
or operator's provision of a satisfactory explanation of the circumstances of
the violation, or a demonstration that the violations are not likely to recur,
the Director may reinstate the conditional exemption under paragraph (a)(1) of
this section. If the Director does not take action on the reinstatement
application within 60 days after receipt of the application, then reinstatement
shall be deemed granted, retroactive to the date of the application. However,
the Director may terminate a conditional exemption reinstated by default in the
preceding sentence if he/she finds that reinstatement is inappropriate based on
factors such as the owner's or operator's failure to provide a satisfactory
explanation of the circumstances of the violation, or failure to demonstrate
that the violations are not likely to recur. In reinstating the conditional
exemption under paragraph (a)(1) of this section, the Director may specify
additional conditions as are necessary to ensure and document proper storage to
protect human health and the environment.
(d) Waste chemical munitions.
(1) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under 40 CFR Part 261, are
listed or identified as a hazardous waste and shall be subject to the
applicable regulatory requirements of RCRA subtitle C.
(e) Amendments to DDESB storage standards.
The DDESB storage standards applicable to waste military munitions, referenced
in paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD ("DOD Ammunition
and Explosive Safety Standards"), in effect on November 8, 1995, except as
provided in the following sentence. Any amendments to the DDESB storage
standards shall become effective for purposes of paragraph (a)(1) of this
section on the date the Department of Defense publishes notice in the Federal
Register that the DDESB standards referenced in paragraph (a)(1) of this
section have been amended.
Notes
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